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29 Oct 2021, 6:00 am by Guest Blogger
In recognizing the right of constitutional rights-holders to sue responsible executive officers for injunctive relief, Ex parte Young disclaimed any federal court authority to enjoin state judges to stop enforcement of state law. [read post]
26 Oct 2021, 9:01 pm by Michael C. Dorf
In 1908, Justice Peckham wrote for the Court in Ex Parte Young: “It would not be wonderful if, under such circumstances, there would not be a crowd of agents offering to disobey the law. [read post]
26 Oct 2021, 9:01 pm by Michael C. Dorf
In 1908, Justice Peckham wrote for the Court in Ex Parte Young: “It would not be wonderful if, under such circumstances, there would not be a crowd of agents offering to disobey the law. [read post]
25 Oct 2021, 9:39 am by Mary Ziegler
Under Ex parte Young, plaintiffs can seek injunctions against government officials charged with enforcing potentially unconstitutional laws. [read post]
24 Sep 2021, 8:43 am by Arturo Jara
Since appearing in people’s lives, TV has become a major part of our society. [read post]
17 Sep 2021, 4:00 am by Jim Sedor
National/Federal Delta Variant Postpones K Street’s Full Return MSN – Kate Ackley (Roll Call) | Published: 9/14/2021 On the cusp of Memorial Day back in May, most lobbyists were gearing up for a more normal return to their in-person work life, as they began to reemerge for meetings on Capitol Hill and sessions with clients and colleagues. [read post]
15 Sep 2021, 12:16 pm by Howard Wasserman
The piece I find interesting begins around p. 24, in which DOJ argues, in essence, that § 1983 and Ex parte Young preempt a law such as this. [read post]
10 Sep 2021, 6:57 pm by Howard Wasserman
The court of appeals had jurisdiction under the collateral order doctrine over the state officials' claims because all were denied 11th Amendment immunity when the district court found that Ex Parte Young claims could proceed against them despite their not being proper defendants. [read post]
9 Sep 2021, 9:42 pm by Mark Tushnet
To vacate the court of appeals' order the Court would have "resolve" (in the sense I've specified) a pretty tricky question about whether Ex parte Young might end up being extended to cover the bounty-hunters. [read post]
9 Sep 2021, 6:35 pm by Howard Bashman
“A Modest Proposal: Extend Ex Parte Young to Cover the Likes of Texas Bounty Hunters”: Michael C. [read post]
2 Sep 2021, 10:53 am by Priscilla Smith
., Ex Parte Young, that has ensured that individuals can vindicate their constitutionally guaranteed rights in federal court. [read post]
1 Sep 2021, 12:28 pm by Mary Ziegler
Under Ex parte Young, plaintiffs can seek injunctions against officials who are responsible for enforcing potentially unconstitutional laws, but Texas is doing its best to argue that there is no one to sue. [read post]
30 Aug 2021, 4:00 am by Howard Friedman
”The court held first that insofar as plaintiff was asserting state law claims against state officials, these are barred by the 11th Amendment because Ex parte Young only creates an exception for federal constitutional claims. [read post]
22 Aug 2021, 7:07 am by Florian Mueller
"My translation:"Is an infringement action [i.e., one in which the challenged patent is asserted] pending, the preliminary opinion should also be transmitted ex officio to the infringement court. [read post]
13 Aug 2021, 4:55 am by Howard Wasserman
(By resolving on standing, the court does not reach the "wrong-defendant" argument that Ex Parte Young does not overcome sovereign immunity). [read post]
12 Aug 2021, 6:30 am by Guest Blogger
Fearful of an activist and conservative judiciary emboldened by Lochner and Ex parte Young, progressive reformers turned to any tools they could use to block aggressive federal courts. [read post]
11 Aug 2021, 9:30 pm by ernst
Congress created the court in 1910 as a response to the canonical decision of Ex parte Young two years earlier, which permitted federal court suits against state officials to facilitate constitutional challenges to state laws. [read post]